By accessing and participating in the realmovevalue.com website (the "Website"), you are subject the following terms and conditions (the “Terms”), which may be updated by us from time to time without notice to you. In addition, you and the United States Postal Service (“USPS”) and Imagitas, Inc. (“Imagitas”) shall be subject to any posted guidelines or rules applicable to such Website, which may be posted by us from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. Imagitas and the United States Postal Service have created the MoverSource Alliance (“MoverSource Alliance”), which sponsors the Website and Imagitas is acting as the “service provider” for this website on behalf of the MoverSource Alliance.
1. Description of Website. The MoverSource Alliance provides users with access to the Website through any various mediums or devices now known or hereafter developed. You also understand and agree that the Website may include advertisements and that these advertisements are necessary for the MoverSource Alliance to provide the Website. You also understand and agree that as a result of your access to the Website, you may receive certain communications from the MoverSource Alliance, such as Website announcements, administrative messages and newsletters, and that these communications are considered part of your use of the Website. You understand and agree that the Website is provided "AS-IS" and that the MoverSource Alliance assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet Website provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Website.
2. Privacy Policy. Information about you that you provide is subject to our Privacy Policy. For more information, see our full privacy policy at realmovevalue.com\privacypolicy.htm. You understand that through your use of the Website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to third parties for storage, processing and fulfillment.
3. Security. You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the MoverSource Alliance and/or content providers who provide content to the Website. You may not attempt to override or circumvent any of the usage rules embedded into the Website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited.
4. Interstate Nature of Communications on Site. You acknowledge that in using the Website, you will be causing communications to be sent through Imagitas’ (as the service provider) computer networks, portions of which are located in Massachusetts and other locations in the United States. As a result, and also as a result of Imagitas' network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the Website results in interstate data transmissions.
5. International Nature. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
6. Contributions to Website. By submitting ideas, suggestions, documents, and/or proposals ("Contributions") via the Website to the MoverSource Alliance through the suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) the MoverSource Alliance is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) the MoverSource Alliance shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) the MoverSource Alliance may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of the MoverSource Alliance, without any obligation of the MoverSource Alliance to you; and (f) you are not entitled to any compensation or reimbursement of any kind from the MoverSource alliance under any circumstances.
7. Indemnification. You agree to indemnify and hold each of Imagitas and the United States Postal Service and each of their subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of, your use of the Website, your violation of these Terms, or your violation of any rights of another.
8. No Resale of Website. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website.
9. Modifications to Website. The MoverSource Alliance reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that the MoverSource Alliance shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
10. Termination. You agree that the MoverSource Alliance may, under certain circumstances and without prior notice, immediately terminate your access to the Website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies,, (c) discontinuance or material modification to the Website (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity or, (f) engagement by you in fraudulent or illegal activities. Termination of your access includes access to all offerings within the Website, and barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Imagitas' (as the service provider) sole discretion and that the MoverSource Alliance shall not be liable to you or any third party for any termination of any associated email address, or access to the Website.
11. Links. The Website may provide, links to other World Wide Web sites or resources not affiliated with the MoverSource Alliance. Because the MoverSource Alliance has no control over such sites and resources, you acknowledge and agree that the MoverSource Alliance is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the MoverSource Alliance shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Website available on or through any such site or resource.
12. MoverSource Alliances’ Proprietary Rights. You acknowledge and agree that the Website and any necessary software used in connection with the Website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website is protected by copyrights, trademarks, Website marks, patents or other proprietary rights and laws. Except as expressly authorized by the MoverSource Alliance or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.
13. DISCLAIMER OF WARRANTIES.
a. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMAGITAS AND THE USPS AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, TO THE EXTENT APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IMAGITAS AND THE USPS AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, TO THE EXTENT APPLICABLE, MAKE NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND (IV) THE QUALITY OF ANY PRODUCTS, WEBSITE, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS;
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MOVERSOURCE ALLIANCE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMAGITAS AND THE USPS AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, TO THE EXTENT APPLICABLE, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN THE MOVERSOURCE ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
15. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
16. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
17. Notice. The MoverSource Alliance may provide you with notices including those regarding changes to the Terms, by email, regular mail or postings on the Website.
18. Trademark Information. The Imagitas, MoverSource Alliance and USPS logos, trademarks and Website marks and other Imagitas logos and product and Website names are trademarks of the MoverSource Alliance and/or Imagitas and/or the United States Postal Service (the " Marks"). Without prior permission, you agree not to display or use in any manner the Marks.
19. Miscellaneous.
a. Entire Agreement. These Terms constitutes the entire agreement between you and the MoverSource Alliance and governs your use of the Website, superseding any prior agreements between you and the MoverSource Alliance with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Imagitas Websites, affiliate Websites, third-party content or third-party software.
b. Choice of Law and Forum. These Terms and the relationship between you and the MoverSource Alliance shall be governed by and interpreted in accordance with the federal law of the United States, and, to the extent no federal laws apply, with the laws of the State of New York, and each party consents to the jurisdiction of the United States District Court for the District of Columbia for the enforcement and interpretation of this agreement. Each party waives all defenses of lack of personal jurisdiction and forum nonconveniens.
c. Waiver and Severability of Terms. The failure of the MoverSource Alliance to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
d. Violations. Please report any violations of these Terms to the following address: customerservice@realmovevalue.com